Rendering Structured Finance Opinions of Counsel: Substantive Consolidation, Authority to File Bankruptcy and More
Navigating Assumptions, Qualifications, Limitations and Use of Letters; Reducing Risks for Opinion Givers
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide commercial finance counsel with a review of the use of opinion letters in structured finance transactions, explain various elements of the opinions, with particular emphasis on the non-consolidation opinions, and outline best practices for the opinion giver to minimize risks.
- Valid formation of entity
- Authorization of transaction by entity
- Substantive consolidation opinions
- Authority to file for bankruptcy
The panel will review these and other key issues:
- How should the opinion giver address the issue of bankruptcy remoteness—what are the limitations, assumptions and qualifications that the opinion giver should consider?
- What key issues should the opinion giver address in a non-consolidation opinion?
- What are the bankruptcy risks for parties providing financing to a structured finance SPV?
Scott J. Gordon
Kirkland & Ellis
Mr. Gordon is the leader of the firm’s Derivatives Practice and a member of the Asset Finance and Securitization... | Read More
Mr. Gordon is the leader of the firm’s Derivatives Practice and a member of the Asset Finance and Securitization Practice. He is a leading counsel to end users, representing clients ranging from Fortune 500 companies to many of the world's preeminent private equity funds and their portfolio companies in connection with structuring, negotiating and documenting interest rate, currency, commodity, credit and equity derivative transactions.Close
Michelle P. Quinn
Ms. Quinn's practice focuses primarily on rendering advice as to matters of Delaware law relating to... | Read More
Ms. Quinn's practice focuses primarily on rendering advice as to matters of Delaware law relating to partnerships and limited liability companies. She has extensive experience in rendering advice and legal opinions in a wide variety of transactions involving Delaware partnerships and limited liability companies, including investment fund transactions, joint venture transactions and structured finance transactions. Her work also includes rendering advice with respect to mergers, conversions and other structural changes involving partnerships and limited liability companies, as well as analyzing fiduciary duty and contractual interpretation issues.Close